Thursday, July 22, 2010

In New York, child support is paid by the non-custodial parent to the custodial parent for the support, maintenance and education of the children. The requirement to pay child support even applies where the parents equally share custody of the children. Under New York’s Child Support Standards Act (“CSSA”), courts are required to issue fair, adequate and standardized child support awards. This means that a non-custodial parent must pay his or her pro rata share of the “basic child support obligation.” In arriving at the basic child support obligation, a court must calculate the combined parental income up to $130,000 and multiply it by a percentage based on the number of children:

17% for one child

25% for two children

29% for three children

31% for four children

at least 35% for five or more children

The basic child support obligation is then divided proportionately between the parents, based on their respective incomes. Where the parties’ combined income exceeds $130,000 per year, the court must determine child support for the excess amount through consideration of ten discretionary factors and/or the child support percentage.

The court can deviate from the standardized award when it finds the support established in a particular case is inappropriate or unjust based on considerations such as the financial resources of the parents, the child’s physical or emotional health, or special needs. Parents can voluntarily waive the provisions of the CSSA as long as the waiver is in writing, recites that they have been advised that the basic child support obligation would presumptively result in the correct amount of child support, specifies the amount that the basic child support obligation, and gives the reason or reasons that it does not provide for payment of that amount.

In addition to basic child support, child care, education and unreimbursed health care costs are also divided between the parents in proportion to their incomes. Typically, the parent with the most comprehensive insurance coverage is required to enroll a child in his or her health plan if the insurance is reasonable in cost. Where private health insurance coverage is unavailable, the court must order the parents to seek coverage through New York’s Child Health Plus program or Medicaid.

The responsibility to pay child support is limited to children under the age of 21. Child support may be suspended or terminated before then, if the child is emancipated by becoming economically independent through employment, by marriage or entry into the military service.

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About Me

I have been practicing law in Manhattan since 1984. My firm, Orenstein & Orenstein, LLC, is AV rated by Martindale-Hubble and has been listed in the Bar Register of Preeminent Lawyers since 2006. I regularly handle both contested and uncontested divorces, as well as legal separations, annulments, paternity cases, child support, custody, and visitation disputes, and prenuptial and postnuptial agreements. I have appeared in numerous trials, enforcement and modification proceedings, and appeals in the Supreme Courts and Family Courts located in New York City, and in Nassau, Westchester and Rockland counties.

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This blog contains general information about New York Family Law and is not intended to be a source of legal advice for any purpose. Neither receipt of information presented on this blog, nor the sending of any comment, email or other electronic communication through this blog shall create an attorney-client relationship, and any such comment, email or communication will not be treated as confidential. No reader of this blog should act or refrain from acting on the basis of information included on this blog without seeking legal advice of counsel.